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-   -   Congratulations WorkingDad (https://www.ottawadivorce.com/forum/showthread.php?t=10667)

Tayken 11-13-2011 11:36 AM

Congratulations WorkingDad
 
After reviewing WorkingDad's entire set of posting on this site over the course of his litigation and final trial I have to say he is a model that many parents should really follow.

The successful litigation against an OCL assessment is no easy feat for the best solicitors let alone a self represented litigant!

This decision, once posted, should serve a lot of parents who are subjected to biased assessments by "professionals" who fail to appropriately investigate matters and apply the proper case law and evidence medicine in their recommendations.

Too many parents fall to the will of these professionals, who often conduct themselves in unprofessional manners, cannot maintain neutrality and fail to investigate the appropriate matters.

This situation demonstrates quite clearly the need for standard investigation guide lines for Section 30 of the Children's Law Reform Act and significant training for the people conducting these assessments far beyond what the vast majority have. Personal opinion should not be the basis of assessments but, sound cogent evidence based on proper investigations and a true assessment.

Congratulations to WorkingDad! Before the courts this is an incredible presidence that I don't think most people truly realize.

To have a judge identify his cross examination of the OCL Social Worker "devastating" is incredible. Social Workers are clinicians, mental health workers, and they have an obligation under their governing body to conduct themselves as such. Assessments are not "extra income" but, a clinical investigation into what is best for children. These Social Workers, Psychologists and Psychiatrists who conduct these "investigations" should be held accountable to the principles of "evidence based medicine" which their governing bodies rely on.

My hat goes off to WorkingDad. Hopefully more parents will be just as persistent and organized as he has been in these matters.

I can't wait to see the decision listed on CanLII.org!

Good luck to everyone in this situation!
Tayken

LostFather 11-13-2011 12:59 PM

Quote:

Originally Posted by Tayken (Post 79914)
After reviewing WorkingDad's entire set of posting on this site over the course of his litigation and final trial I have to say he is a model that many parents should really follow.

The successful litigation against an OCL assessment is no easy feat for the best solicitors let alone a self represented litigant!

This decision, once posted, should serve a lot of parents who are subjected to biased assessments by "professionals" who fail to appropriately investigate matters and apply the proper case law and evidence medicine in their recommendations.

Too many parents fall to the will of these professionals, who often conduct themselves in unprofessional manners, cannot maintain neutrality and fail to investigate the appropriate matters.

This situation demonstrates quite clearly the need for standard investigation guide lines for Section 30 of the Children's Law Reform Act and significant training for the people conducting these assessments far beyond what the vast majority have. Personal opinion should not be the basis of assessments but, sound cogent evidence based on proper investigations and a true assessment.

Congratulations to WorkingDad! Before the courts this is an incredible presidence that I don't think most people truly realize.

To have a judge identify his cross examination of the OCL Social Worker "devastating" is incredible. Social Workers are clinicians, mental health workers, and they have an obligation under their governing body to conduct themselves as such. Assessments are not "extra income" but, a clinical investigation into what is best for children. These Social Workers, Psychologists and Psychiatrists who conduct these "investigations" should be held accountable to the principles of "evidence based medicine" which their governing bodies rely on.

My hat goes off to WorkingDad. Hopefully more parents will be just as persistent and organized as he has been in these matters.

I can't wait to see the decision listed on CanLII.org!

Good luck to everyone in this situation!
Tayken

I actual had a ocl in my favor. Suggesting equal access and joint custody. Suggesting that to give one parent the balance of power would not work. Said it was in the best interest of the children to see each parent equally. Judge kept me to one day a week short of equal access...full cs. And sole to mom....stating status quoe. Ocl was overly optimistic in her access that the parties would cooperate...The thing is. before we separated we made decisions jointly and cooperatively. After separation...she acted as in sole custody...knocking me out of the picture.... doing whatever she pleased...admitted in court to most of it with impunity...judge was not moved by any of it. Ruled against Ocl recommendations and children's wishes.

The thing is. Ocl is the only non biased person that has spent any time with us and the children. A total of 3 visits...2-4 hrs each visit...with each parent.

After reading about all the horor stories about Ocl and fathers I couldn't believe it when I got a decision in my favor....all for nothing though...get in the courtroom none of it mattered. Have to wonder all the dads that didn't have an Ocl in their favor...how many judges went again those reports for moms favor?? W.D. is now one...maybe things are changing....slowly but change is coming....congrats W.D.

So what does those all mean for W.D??

LostFather 11-13-2011 01:41 PM

Never mind. Thanks anyway Takyen found the thread....very encouraging.

FamilyBlah 11-13-2011 04:39 PM

Any idea how long before this case is listed on CanLII.org?

WorkingDAD 11-13-2011 05:18 PM

Quote:

Originally Posted by FamilyBlah (Post 79927)
Any idea how long before this case is listed on CanLII.org?

I don't
My understanding that first we have to finalize order. Than something should be done to publish it on CanLii and I can not find out what exactly...

I am going to have 30 min consultation with counsel (not free) I will ask this one too...

I can promise you guys will be second to know.

WorkingDAD 11-13-2011 05:25 PM

Thank you, Taken

I would be honored if this one become precedent and after that similar cases just pile up and not far from now we have a revolution in Family Law and will be at least where Australia is now...

BTW that OCL investigator is working in CAS at some management level ... It actually in my list to esquire his supervisor after case published is it going to be some sort of hearing...

I would like to do something so this kind of #$$%^ will not happened to somebody else..

LostFather 11-13-2011 05:52 PM

Quote:

Originally Posted by WorkingDAD (Post 79930)
Thank you, Taken

I would be honored if this one become precedent and after that similar cases just pile up and not far from now we have a revolution in Family Law and will be at least where Australia is now...

BTW that OCL investigator is working in CAS at some management level ... It actually in my list to esquire his supervisor after case published is it going to be some sort of hearing...

I would like to do something so this kind of #$$%^ will not happened to somebody else..

I have to wonder if a person would have any recourse? These people are intrusted to make an unbiased report of facts. It would of appeared to have failed in that area. I am unsure if you're willing to take on a task of filing a complaint after all you've been through but i hope that you ask this investigator to be in investigated.

WorkingDAD 11-13-2011 06:15 PM

Quote:

Originally Posted by LostFather (Post 79931)
I have to wonder if a person would have any recourse? These people are intrusted to make an unbiased report of facts. It would of appeared to have failed in that area. I am unsure if you're willing to take on a task of filing a complaint after all you've been through but i hope that you ask this investigator to be in investigated.

Honestly, I more in the position to think that he just did not do good job. Even I tried to bring up question to him "Do you think that majority of you training and work in the area of "womans" (violants against woman etc)" could affect you? He said not and I did not pursue this one. It's one hard issue to prove without really something stick out...

Tayken 11-14-2011 09:53 AM

Quote:

Originally Posted by LostFather (Post 79931)
I have to wonder if a person would have any recourse? These people are intrusted to make an unbiased report of facts. It would of appeared to have failed in that area. I am unsure if you're willing to take on a task of filing a complaint after all you've been through but i hope that you ask this investigator to be in investigated.

The Ontario Ombudsman may be responsible for the Office of the Children's Lawyer (OCL). If they are then a complaint, attaching all the cogent evidence, can be attached and an investigation can take place. I know that Legal Aid Ontario is investigated by The Ombudsman. But, not sure about the OCL.

There is probably a governing body that reviews OCL. Finding it and learning their complaint process is key.

Furthermore, if the OCL "Social Worker" is registered you can also file a complaint with their governing body as well. As clinicians they have a governing body that assesses their conduct and qualifications. A complaint again, attaching all the cogent evidence (i.e. the decision) could be made. You would have to study their practice guide lines and see if the provided report violates their code of conduct etc...

Good Luck!
Tayken

Tayken 11-14-2011 09:57 AM

Quote:

Originally Posted by WorkingDAD (Post 79934)
Honestly, I more in the position to think that he just did not do good job. Even I tried to bring up question to him "Do you think that majority of you training and work in the area of "womans" (violants against woman etc)" could affect you? He said not and I did not pursue this one. It's one hard issue to prove without really something stick out...

1. Do you currently work with any organizations who support male victims of intimate partner abuse?

2. Why not?

3. Do you believe that men can be victims of intimate partner abuse?

4. What official training have you received in the issues of female instigated intimate partner abuse?

5. Do you believe that men can be victims of psychological abuse?

6. Can you describe the criteria, against DMS-IV-TR, ICD-9, ICD-10 or any other widely accepted criteria based on clinical evidence in support of your personal opinions provided in the report against my client?

7. Has the alleged vicitim of this alleged abuse sought any treatment? Why not?

etc... The line of questioning can be done. True victims of psychological abuse need treatment. Those who make false allegations of it... Say they are fine and the abuser is the one who needs help generally.

Good Luck!
Tayken


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